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HomeMy WebLinkAbout119225 FLINT TRADING INC - PURCHASE ORDER - 3214411PO PURCHASE ORDER 3214411 Page CI�/ of PURCHASE 14411 1 of z ' `tCollins( his number must appear V 1 1 on all invoices, packing sli s and labels. Date: 07/29/2014 Vendor: 119225 Ship To: TRAFFIC OPERATIONS FLINT TRADING INC CITY OF FORT COLLINS PO BOX 160 626 LINDEN STREET THOMASVILLE NC 27361-0160 FORT COLLINS CO 80524. Delivery Date: 07/29/2014 Buyer: JOHN STEPHEN Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. - DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Ordered Extended Price Pavement Marking Supplies 1 LOT LS 60,000.00 Annual Total $60.000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from stain and local maces. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1923, Chapter 39-26, 114 (a). Goads Rejected, GOODS REJECTED due as failure to meet specifications, either when shipped or due to de@ens of damage in formal, may be returned m you fur credit and are not m be replaced except upon receipt of written instructions fmm the City of Fort Collins. India lian. GOODS are subject to the City of Fort Collins inspection on omvml. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can crash in authorized payment on the pan of the City of Fiat Collins. However, it is It be measured that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins. CO 80522. anless otherwise specified oa this color. Brampton. is given no prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in varmas pans of the country, shipment is expected from the summer distribution point to destination, and excess freight will he deducted from Invoice when shipments are made from gremer distance. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to amccise any rights remedies provided herein or by law, failure to promptly portly the Seller in the event of a breach, or ..cities doe acceptance of or payment for goods hereunder or approval of the design, shall not release the Sella, of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon since performance forearm any of its rights or remedies as to any such goods, regaNlax of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am] modification or rescission of this purchase order by the Punchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchua raognio Nat in actual a nook practice, overcharges resulting from —If., violations arc in fact home by the Purchmer. Theretofore, for good caum and as consideration for executing this pumhow order, the Seller hereby asigm an the Purchaser any and all claims it may now have or broader acquired under federal or state antipust laws for such overcharges relating to the pound. goods or sluices purchased or acquired by the Purchma pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed arm by the Purchaser and fine Seller, and the Seller thamRer indicates its inability or unwillingness to comply, the Purchaser may onus the work to be perfermtW by the mole expeditious meats avamble fo it, and the Sella shall Pay all cask associated with such it. Permits. Seller shall procure at sellers to and all na., permits, cenincaes cal licenses creatural by cell applicable laws, regulations, ordinances and rates ofthe state, municipality, m,rieory or polifical subdivision ahem the work is performed, or required by any other duly confirmed public authority ha ringjaisdiceion over the work of voodoo. Seller harbor agrees to hold fire City of Fan Collins baml<ss New and against all liability and loss incurred by them by crown of an started or asmblut¢d violation of any such Laws, regulations, pNimnces, roles and requirements. Amhorizstion. All parties b this comma same flat the reprommmives ere, in fact, boom fide and possess full and complete authority as bind said panles. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the tenor and candidates $cited herein set forb and any supplemmary or additional across and conditions annexed herein or incorporated Fortin by reference. Any additional or difaent horuts and conditions proposal by sells art objected to and hereby miler ed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou commr make complete shipment to arrive on your Promised delivery date as noted. Time is of the examen. Delivery and performanre must be efcdW within the into stated on the purchase color and the dearmenes attached harem. No acts of the Purchasers including, without limitation, acceptances torrential late deliveries, shall operate as a waiver of this provision. In the event crony delay, the Purcho er shall have, in addition to other legal and equitable requal the option of placing this order elsewhere and Leading fine Seller liable for dmages. However, the Seller shall we be liable for damages as a result of delays due in causes not reassembly foreseeable which arc beyond its reasonable control am without its fault of negligence, such acts afGod, was, of civil or military authorities, governmental priorities, foes, smkes, hood, epidemics, wars or nuts provided that active office conditions causing such delay is given as the Purchaser within Eve (5) days ofthe time when the Seller first received knowledge thereof. In the event ofany such delay, the dam of delivery shall be extended for the period agent to the time actually lost by mamn orthe delay. 3. WARRANTY. The Seller wareands tear all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples maker other descriptions given, will be fit for the puryoses intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hmmless from any loss, damage or expense which fine Purchaser may sufa m worms account of the Sellers breach of wmmnry. The Seller shall replace, repair or make mark, without cost to the purchaser, any defects or faults wising within one (U year or within such longer penned of time as may be prescribed by law or by the terms of any applicable warranty provided by the Sella after the dam of acceptance of the grads famished hereunder (acceptance not to be incestuously delayed), resulting from imperfect or defective work done or materials burnished by the Seller. Acceptance or use of goods by the Purchaser shall not onstimm a waiver of any claim under this wareanty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits a, loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES f4 LEGAL TERMS. The Purchaser may make changes to legal terms by written change cola. 5. CHANGES IN COMMERCIAL TERMS. The Patches rmay make any changes to the to.,, ether than legal mares. including additions to or deletions Rom qu the amiliesadg,unity ordered in the specifications or drawings, by verbal or written change color. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchase, may at any time by written change order, terminate this agmanaa as to any or all portions of the good then no, shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable I'or my claims for anticipated prefirs on the uncompleted portion of the good andor work, for incidental or consequential damages, and flat an such militiaman be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such maturation shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjuament most he msedul within thirty, (30) days fmm the dte the change or termination is reform. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold bacteria shall have ban produced, sold delivered and fumished in sooner compliance with all applicable laws and regulations to which the goods arc subject The Seller shall execute and deliver such documents as may be required to officer or evidence compliance. All laws and regulations required to be incorporated in agreements of this character ere hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless farm all costs and damages suffered by the Purchases as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither poly shall assign, transfer, or convey this order, or any monies due or to become due hacunder without the prior wriven concert of the eager putty. 10. TITLE. The Sella wamnnk full, clam anl umcancted title to Be Parchawr her ell or,.,. mafcriels, and items fumished in performance of this ggreernenL fin and clear of my teed all liens, restrictions, reservations. security, interest encumb wmcs and claims afothers. The Sella shall release the Pumbmer and ire warrantors of any no, fmm all liability and claims of any notem reaching from the performance arsuch work. This Bel. shall apply even in the event of foul, of negligence of the Earry, released and shall extend to the diramrs, oftcers and employees of such parry. The Sellers commerical obligations, including wa may, shall m, be deemed to be reduced, in any way, because such work is performed or caused m be pal W by the Purchaser. IC PATENTS. Whenever fine Seller is required to use any design, device. material or process coveral by letter, patm, trademark or copyright, fine Seller shall iwemaify and save hammleas the Purchaser from any and all claims for infringemm, by reason of the use of such patcaed design, device, material or process in extraction with the contract, and shall indemnify the Pardoner for any cost, expense or damage which it may be obliged to pay by reason of such infringement or any time during fine proseenticn or aRa the completion of the work. In case said equipment. or my pan therm, or the immded use of the good, is in such suit held as commeum infringement and the use of mid equipment or pan is allowed, the Seller shall, at its own expense and a its option, either procure for the Pumhssor the right to continue using said equipment or pares, replace the srrere with substantially equal but maninMnging equipment, or modify, it so it becomes.. —Ranging. IS. INSOLVENCY. If the Seller shall become movivem or bardmp4 make an acsigmncnt for the benefit of credimrs, appnitn a err trustee for any of the Sellers property or bminecs, this arch may forthwith be canceled by the Purchase without liability. 16. GOVERNING LAW. The definifions ofit. used or the arteryreation of the agreement and the rights of all parties hereunder shall be coaswed unda and g ,.oil by the laws of the State ofCalwado, USA. The following Additional CaMitiom apply only in cams where the Seller is to perform work hereunder, including the services of Sellers Represenativea, on the premises ofadrs. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers owns risk until the same is fully completed and accepted, and shal[, in u of any accident, destruction or injury to the w'e& cracker matmas before Sellers Jiro] completion and eceptance, complete the work at Sellers own carouse and to the satisfaction tribe Purchases. When materials and equipment ore burnished by others for installation or criterion by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being Finished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefk, to its employees employed on or in connection with the work covered by this purchase order, maker to their dependents in accordance with the laws of the state in which the work is m be done. The Seller shall also cant' comprehensive general liability including, but not limited to, contractual and automobile public liability insurance will, Food, injury and death limits of at leas, $300,000 for any ape person, gamins) far any one evident and property damage limit per accident of 5400,000. The Seller shall likewise require his entmctors, if any, to provide for such compensation and insuramer. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchase with a cooperate that such compensation and in cdi a have been provided. Such efimates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be announced until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to Persons or Peabody caused by or resulting from the execution of fine work provided for in this purcbax order or in connection herewith. The Sella will indemnify and hold harmless line Purchaser and any r all of the Producers oficat agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property m which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or emp]oyeea In our any suit or offer proceedings shall be brought against the Purchrea, or its officers, agents or employees at any dine on examal in by mason of any act, motion, neglect, omission or default of the Seller of any of his contractors or any of its or their oficers, agents a employees as aforesaid the Seller hereby agrees or assume the defence thereof and to defend the same at the Sellers own expense, an pay any and all casts, charges, atmmeys fees and older expenses, any and all judgmms Oat may he incurred by or obrained against the Pmchasa or any of its or their officers, agents or emplay. in such sulk or other wain ftim,, and m cam judgment or other lira be placed upon or obtained against the property of fine Purehasa, or said parties in or as a result of such wits m other proceedings, the Sella will at mice cause the same of be diswlved and discharged by giving bend or otherwise. The Seller and his contractors shall take all surgery precautions, furnish and immil all guard necessary fin the prevention of accidents, comply with all laws and regulators with accord in wfery including, but without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant therein. Revised 07I2014